Mich. Admin. Code R. 330.7135 - Treatment by spiritual means

Rule 7135.

(1) A provider shall permit a recipient to have access to treatment by spiritual means upon the request of the recipient, a guardian, if any, or a parent of a minor recipient.

(2) A provider shall assure that the opportunity for contact with agencies providing treatment by spiritual means is provided in the same manner as recipients are permitted to see private mental health professionals.

(3) Requests for printed, recorded, or visual material essential or related to treatment by spiritual means, and to a symbolic object of similar significance shall be honored and made available at the recipients expense.

(4) Treatment by spiritual means includes the right of recipients, guardians, or parents of a minor to refuse medication or other treatment on spiritual grounds that predate the current allegations of mental illness or disability, but does not extend to circumstances where either of the following provisions applies:

(a) A guardian or the provider has been empowered by a court to consent to or provide treatment and has done so.

(b) A recipient poses harm to himself or herself or others and treatment is essential to prevent physical injury.

(5) The right to treatment by spiritual means does not include the right to any of the following:

(a) To use mechanical devices or chemical or organic compounds that are physically harmful.

(b) To engage in activity prohibited by law.

(c) To engage in activity that physically harms the recipient or others.

(d) To engage in activity that is inconsistent with court-ordered custody or voluntary placement by a person other than the recipient.

(6) A provider shall develop written policies and procedures concerning treatment by spiritual means that include both of the following:

(a) Recourse to court proceedings if medication or other treatment for a minor is refused.

(b) Notice to a person who requests treatment by spiritual means of a denial of the request and the reasons for denial.

(7) A provider shall provide for the administrative review or appeal of a denial of treatment by spiritual means at the option of a person requesting such treatment.

Notes

Mich. Admin. Code R. 330.7135

1979 AC; 1998 AACS